RETURN TO WORK ACT 2014 - SECT 9
RETURN TO WORK ACT 2014 - SECT 9
(1) Subject to this
section, an injury is not compensable under this Act unless it is established
on the balance of probabilities that it arises from employment.
(a)
subject to the qualification that if a worker suffers an injury of a kind
referred to in the first column of Schedule 2 and has been employed in
work of a type referred to in the second column of Schedule 2 opposite
the injury, the worker's injury is presumed, in the absence of proof to the
contrary, to have arisen from employment; and
(b)
subject to Schedule 3.
(3) If a worker
retires or is retired from employment on account of age or ill-health and the
worker makes a claim for noise induced hearing loss after the expiration of
2 years from the date of the retirement, subsection (2)(a) does not
apply in relation to that claim.
(4) A regulation made
on the recommendation, or with the approval, of the Corporation or the
Advisory Committee may—
(a)
extend the operation of subsection (2)(a) to injuries and types of work
prescribed in the regulation;
(b)
extend the operation of Schedule 3 to an injury and corresponding
qualifying period prescribed in the regulation.